Your Rights as a Class Member

If you are a Class Member, you may receive the benefit of, and you will be bound by the terms of, the proposed settlement.

If you are a Class Member, you have the following options:

  1. You may file a Proof of Claim and Release form. If you choose this option, you will share in the proceeds of the proposed settlement if your claim is timely, valid, and entitled to a distribution under the Plan of Allocation and if the proposed settlement is finally approved by the Court; and you will be bound by the Judgment and release to be entered by the Court.

  2. If you timely and validly requested exclusion from the Class pursuant to the Notice dated September 29, 2014, and previously sent to Class Members: (a) you are excluded from the Class; (b) you are not entitled to share in the proceeds of the settlement described herein; (c) you are not bound by any judgment entered in the Litigation; and (d) you are not precluded, by reason of your decision to request exclusion from the Class, from otherwise prosecuting an individual claim, if timely, against Defendants based on the matters complained of in the Litigation.

  3. If you did not previously make a valid and timely request in writing to be excluded from the Class, you will be bound by any and all determinations or judgments in the Litigation in connection with the settlement entered into or approved by the Court, whether favorable or unfavorable to the Class, and you shall be deemed to have, and by operation of the Judgment shall have, fully released all of the Released Claims against the Released Persons, whether or not you submit a valid Proof of Claim and Release form.

  4. You may do nothing at all. If you choose this option, you will not share in the proceeds of the settlement, but you will be bound by any judgment entered by the Court, and you shall be deemed to have, and by operation of the Judgment shall have, fully released all of the Released Claims against the Released Persons.

  5. You may have objected to the settlement, the Plan of Allocation, and/or the application for attorneys’ fees and expenses.

  6. If you are a Class Member, you may, but were not required to, have entered an appearance through counsel of your own choosing and at your own expense, provided that such counsel filed an appearance on your behalf on or before May 25, 2015, and served copies of such appearance on Lead Counsel. If you did not enter an appearance through counsel of your own choosing, you were represented by Lead Counsel: Robbins Geller Rudman & Dowd LLP, Tor Gronborg, 655 West Broadway, Suite 1900, San Diego, CA 92101; and Motley Rice LLC, James M. Hughes, 28 Bridgeside Blvd., Mount Pleasant, SC 29464.